Doctor approves a return to work, but employer won’t play ball Globe_Careers
Workers who are returning to work post-surgery are usually afforded lighter duties until they can recover fully.My husband worked at a kitchen warehouse for almost four years as a clerk, which involved carrying 15-kilogram loads, desk work, etc. Last year, he had heart surgery. Our physician confirmed he can return to his job with modified duties, but the employer won’t accommodate him.
Your husband has a viable human-rights claim based on the company’s failure to accommodate him, and if it refuses to permit him to return at all, it would be viewed as a discriminatory termination.Bill Howatt, chief of research for work force productivity, Conference Board of Canada, Halifax If the employer has ample evidence, it might be able to prove it is making its decision under undue hardship. The bar is typically quite high, however. A medical accommodation, where a physician recommends a gradual return to work with job modifications, is common and typically accepted by employers, especially in post-surgery cases. How long the accommodation is required and the degree of job modification should be considered collectively by the employer, the employee and the employee’s doctor.
It would be helpful to validate with your physician your husband’s current state of health and physical capacity for the short and long term. Ask the doctor how long it it will take for your husband to return to his level of health and fitness prior to the surgery, or whether it will ever be possible. Your husband should keep working on his physical health under the supervision of his doctor. This will help in building a medical case as to how well his recovery is proceeding.
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